Shockency v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/26/2019 AWARDING Attorney Fees. (York, M)

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1 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 3 Regional Chief Counsel, Region IX Social Security Administration 4 MARCELO ILLARMO, MABN 670079 5 Special Assistant United States Attorney 160 Spear Street, Suite 800 6 San Francisco, California 94105 7 Tel: (415) 977-8944 Fax: (415) 744-0134 8 E-mail: marcelo.illarmo@ssa.gov 9 Attorneys for Defendant 10 Jonathan O. Peña, Esq. 11 CA Bar ID No.: 278044 Peña & Bromberg, PLC 12 5740 N. Palm Avenue, Suite 103 13 Fresno, CA 93704 Telephone: 559-412-5390 14 Facsimile:866-282-6709 15 info@jonathanpena.com Attorney for Plaintiff, Josiah Shockency 16 UNITED STATES DISTRICT COURT 17 FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 18 19 JOSIAH SHOCKENCY, Plaintiff, 20 21 v. 22 ANDREW SAUL,1 23 Commissioner of Social Security, Defendant. 24 Case No. 2:17-cv-2427-EFB STIPULATION AND [PROPOSED] ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) 25 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party 26 pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 USC 405(g) 27 (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 28 1 TO THE HONORABLE EDMUND F. BRENNAN, MAGISTRATE JUDGE OF 2 THE UNITED STATES DISTRICT COURT: 3 The Parties through their undersigned counsel, subject to the Court’s approval, 4 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND, 5 TWO HUNDRED DOLLARS and 00/100 ($6,200.00) under the Equal Access to 6 7 8 9 10 11 12 13 14 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After 15 the order for EAJA fees is entered, the government will determine whether they are 16 subject to any offset. 17 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 18 determines that Plaintiff does not owe a federal debt, then the government shall cause 19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 21 counsel, Jonathan O. Peña. 22 This stipulation constitutes a compromise settlement of Plaintiff’s request for 23 EAJA fees, and does not constitute an admission of liability on the part of Defendant 24 under the EAJA. Payment of SIX THOUSAND, TWO HUNDRED DOLLARS and 25 00/100 ($6,200.00) in EAJA attorney fees shall constitute a complete release from, and 26 bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, may 27 have relating to EAJA attorney fees in connection with this action. 28 -2- 1 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 3 provisions of the EAJA. 4 Respectfully submitted, 5 6 Dated: June 24, 2019 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff Dated: June 24, 2019 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 7 8 9 10 11 12 13 By: /s/ Marcelo Illarmo* MARCELO ILLARMO Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on 6/20/19). 14 15 16 17 18 19 SO ORDERED. 20 DATED: June 26, 2019. 21 22 23 24 25 26 27 28 -3-

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